Lopez v. State

District Court of Appeal of Florida

Lopez v. State

811 So. 2d 815, 2002 Fla. App. LEXIS 3585, 2002 WL 429062

CourtDistrict Court of Appeal of Florida

DecidedMarch 20, 2002

DocketNo. 2D00-2183

StatusPublished

Cited by2 cases

This text of 811 So. 2d 815 (Lopez v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lopez v. State, 811 So. 2d 815, 2002 Fla. App. LEXIS 3585, 2002 WL 429062 (Fla. Ct. App. 2002).

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Opinion

GREEN, Judge.

The appellant, Jose Lopez, challenges the order of the trial court denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(b). Lopez’s motion asserted that the court erred in failing to enter a formal, written order revoking probation and in failing to correct his scoresheet which erroneously reflects an additional six points for community sanction violation. We agree on both points and reverse.

[816]*816Lopez does not contest the revocation of his probation but asserts that the court erred in failing to enter a written order. The State concedes error. See Monroe v. State, 760 So.2d 289 (Fla. 2d DCA 2000). We remand for the trial court to enter a formal, written order revoking Lopez’s probation.

The State also concedes Lopez was improperly assessed an additional six points for community sanction violation. See Williams v. State, 720 So.2d 590 (Fla. 2d DCA 1998). Although a corrected score-sheet would not change the recommended guideline sentence of a nonprison sanction, the error is not harmless because the record fails to conclusively show that the trial court would have imposed the same sentence if it knew the correct score. See Mohn v. State, 728 So.2d 873 (Fla. 2d DCA 1998). We remand for resentencing based on a correct scoresheet.

Reversed and remanded.

FULMER and DAVIS, JJ., concur.

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GREEN, Judge.

The appellant, Jose Lopez, challenges the order of the trial court denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(b). Lopez’s motion asserted that the court erred in failing to enter a formal, written order revoking probation and in failing to correct his scoresheet which erroneously reflects an additional six points for community sanction violation. We agree on both points and reverse.

[816]*816Lopez does not contest the revocation of his probation but asserts that the court erred in failing to enter a written order. The State concedes error. See Monroe v. State, 760 So.2d 289 (Fla. 2d DCA 2000). We remand for the trial court to enter a formal, written order revoking Lopez’s probation.

The State also concedes Lopez was improperly assessed an additional six points for community sanction violation. See Williams v. State, 720 So.2d 590 (Fla. 2d DCA 1998). Although a corrected score-sheet would not change the recommended guideline sentence of a nonprison sanction, the error is not harmless because the record fails to conclusively show that the trial court would have imposed the same sentence if it knew the correct score. See Mohn v. State, 728 So.2d 873 (Fla. 2d DCA 1998). We remand for resentencing based on a correct scoresheet.

Reversed and remanded.

FULMER and DAVIS, JJ., concur.

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811 So. 2d 815, 2002 Fla. App. LEXIS 3585, 2002 WL 429062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-v-state-fladistctapp-2002.

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